SPARRA v. DEUTSCHE BANK NATIONAL TRUST COMPANY et al., 336 Ga. App. 418

Summary

HOLDINGS: [1]-The trial court properly dismissed the borrower's claim for wrongful foreclosure because, as a matter of law, the borrower was not entitled to damages for such a claim since the home was never actually foreclosed upon; [2]-The borrower was not entitled to injunctive relief, as the mortgage holder and the servicing company did not lure him into a false default but told him that he had to pay the arrears before foreclosure proceedings could be halted; [3]-The borrower could not recover under the theory of promissory estoppel, because he admitted he was under the implied misunderstanding that his home could not be dual-tracked and in the modification process while being actively foreclosed and that two representative of the servicing company informed him of the foreclosure while his modification application was pending; [4]-The borrower was not entitled to attorney fees.